Davis v. Motiva Enters., LLC
| Decision Date | 02 September 2016 |
| Docket Number | CIVIL ACTION NO. 1:14-CV-480 |
| Parties | GEORGE W. DAVIS, IV, Plaintiff, v. MOTIVA ENTERPRISES, LLC and MOTIVA COMPANY, Defendants. |
| Court | U.S. District Court — Eastern District of Texas |
Pending before the court is Defendants Motiva Enterprises, LLC and Motiva Company's (collectively, "Motiva") Motion for Summary Judgment (#39), wherein Motiva seeks summary judgment as to Plaintiff George W. Davis, IV's ("Davis") claims brought pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-2000h-6. Having considered the pending motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that Motiva's motion should be granted.
On July 28, 2014, Davis, an African American, filed suit against Motiva, his former employer, for terminating his employment on the basis of his race in violation of Title VII.1 His complaint also references a hostile work environment, though it appears that Davis has abandoned that claim.2 See Docket No. 43 (Response to Motiva's Motion for Summary Judgment) (statingthat Davis "filed suit under Title VII, with his sold [sic] claim being that he was discharged from employment because of his race" and acknowledging that Davis's evidence alone "may not support a 'hostile work place' determination"). The case was removed to this court on September 22, 2014. An amended complaint was filed on November 20, 2014.
Motiva, a fuel refiner and distributor, employed Davis as an operator for nearly seven years, beginning in the Spring of 2007 and ending on January 23, 2014. More specifically, for approximately the first three years, Davis worked at Motiva's Port Arthur Refinery ("PAR") as a "rackman" in the Lube Oil Movements Department ("LOMD"). He also worked as a "south pumper" in the same department and location for about two years. Thereafter, and until his termination, Davis worked in the Port Arthur Terminal ("PAT"), a geographically separate area where various products are loaded and offloaded from vessels by means of facilities and equipment.
Motiva's PAT has three docks or "berths" known as Berths 2, 6, and 7. Ships dock at Berth 2, barges dock at Berths 6 and 7, gasoline is loaded at Berths 2 and 6, and Berth 7 is a "lube oil" dock. There are potential sources of explosive vapors at the dock at Berth 7. On January 13, 2014, Davis was working at Berth 7 when he was observed using his iPhone. His actions werecaptured on a security camera. After conducting an investigation, Motiva management terminated Davis's employment on January 23, 2014, reportedly because he violated Motiva's "Life-Saving Rule 1" or "LSR 1" when he used his iPhone at Berth 7 without a valid permit.
Since 2009, Motiva has maintained 12 Life-Saving Rules that are intended to prevent injury and death. LSR 1 requires Motiva employees to "Work with a valid work permit when required." LSR 9 warns employees, "No alcohol or drugs while working or driving." LSR 10 states, "While driving, do not use your phone and do not exceed speed limits." Instructional materials from Motiva set forth the consequences of rule-breaking:
At deposition, Gregory Willms ("Willms"), the General Manager of Motiva's PAR at the time of Davis's infraction, stated that the twelve LSRs apply to all Motiva employees. According to Davis, company discipline for employee violations of the first nine LSRs are meant to be applied uniformly, meaning termination of the violator's employment. Motiva disputes this characterization of the rules, asserting that certain mitigating factors can come into play.
Motiva's procedures for Issuing Work Permits Policy, SHE0052, was in effect on January 13, 2014, and set forth the various work permit requirements at Motiva's PAR and PAT. Generally, prior to the beginning of work in any regulated area, a properly prepared work permit must be issued and all conditions/limitations met, including a "mutual understanding" by the signer and acknowledger. Due to the nature of the flammable products Motiva manufactures and delivers, permitting is a "very, very important line of defense to protect employees, the equipment at the plant, and the surrounding community." A work permit is a contract between the person authorizing and the person performing the work to insure completion of the task in a safe manner.
A properly prepared "Hot Work Permit" must be "obtained before introducing any source of ignition into a process unit/area or in or near (within 35 feet) electrically classified areas (significant amount of flammable or combustible material)." "Hot Work" is "any operation or job which could provide or become an ignition source for any type of flammable materials."Examples of "Hot Work" include: ; ; and Hot Work Permits are not required to operate vehicles in "Open" areas such as unblocked roads or designated parking areas.
For purposes of SHE0052, the dock at Berth 7 is a process area that is also an electrically classified area. Motiva contends that the "PAT Docks" are also considered a "hazardous" area; however, Davis disputes this assertion. According to Motiva, signage at the dock at Berth 7 on January 13, 2014, stated "NO CELL PHONE USE IN THIS AREA." Davis testified at deposition that although he does not deny that a sign prohibiting cell phones was present at the time he worked at Motiva, he does not recall any such sign. Additionally, Davis acknowledges that "use of cellular phones in process areas is not allowed," but he claims that
Brett David Woltjen ("Woltjen"), Motiva's PAR production manager, testified that as a dockman, Davis was charged with complying with Coast Guard regulations governing hydrocarbon product transfers from Motiva's PAT to maritime ships and barges, with duties such as completing pre-transfer safety checklists. Motiva attaches an example of a permit reportedly completed by Davis. Davis disputes these two assertions; nonetheless, he does not specifically address them in his response.
Security cameras captured Davis using his cell phone at the dock at Berth 7 on January 13, 2014. The video footage also showed that Davis violated the following safety rules: not wearingthe required personal protective equipment, including a hard hat, safety glasses, and gas monitor; not wearing a flotation device within six feet of the edge of the water; ascending and descending stairs without using guard rails; walking on hydrocarbon hoses; and stepping onto and off of a barge without using the required gangway. Davis does not deny his safety infractions beyond the use of his phone. For example, he stated that he had forgotten to wear his hard hat and glasses, that while he knew life jackets were required within six feet of the water he forgot to wear one because he was "not thinking," and "sometimes there is no way around" the hydrocarbon hoses.
Motiva conducted an investigation into Davis's alleged safety infractions. The investigation was conducted by Davis's supervisor, Dollnila Slater ("Slater"),3 and Sabrina Wolfe ("Wolfe") of Motiva's HR department. Slater questioned Davis about his actions and stated that he admitted to her "that he could not use the cell phone while in that area," although he claimed to have been using the phone to record work readings.4 Davis also denies that he made the aforementioned statement and insists that he was unaware that the dock at Berth 7 was a process area. Notes memorializing the investigation indicate that Davis "acknowledged that there was a 'no cell phones' sign at the entrance to the terminal," that he knew of the "zero tolerance for cell phone usage," and that he was "aware of a...
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